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Defending Drug Possession Cases in Illinois
Defending Drug Possession Cases in Illinois
Drug possession is a serious crime in Illinois, and those convicted of it can face significant penalties, including jail time, fines, and a criminal record. If you have been charged with drug possession, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and build a strong defense.
There are a number of different defenses that can be used in drug possession cases. Some of the most common defenses include:
- The drugs were not in my possession. This is a common defense, and it can be successful if the prosecution cannot prove that you had actual or constructive possession of the drugs. Actual possession means that you had the drugs on your person or in your immediate control. Constructive possession means that you had the ability to control the drugs, even if they were not on your person. For example, if you were driving a car and the police found drugs in the glove compartment, you could argue that you did not have constructive possession of the drugs because you did not know they were there.
- The drugs were prescribed to me by a doctor. If you have a valid prescription for the drugs that you were found in possession of, this defense can be very effective. The prosecution will have to prove that you did not have a valid prescription for the drugs, or that you were not in possession of the drugs for a legitimate medical purpose.
- The police violated my constitutional rights. If the police violated your constitutional rights during the arrest, any evidence that they obtained as a result of the violation may be inadmissible in court. This could include the drugs that were found in your possession.
If you have been charged with drug possession, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and build a strong defense.
Here are some additional tips for defending drug possession cases in Illinois:
- Be honest with your attorney. Your attorney needs to know all of the facts of your case in order to build a strong defense. If you are not honest with your attorney, it could hurt your case.
- Do not talk to the police without an attorney present. Anything you say to the police can and will be used against you in court. It is important to have an attorney present when you speak to the police, even if you think you are innocent.
- Gather evidence. If you have any evidence that could help your case, such as witnesses or video footage, be sure to gather it and provide it to your attorney.
- Be prepared for trial. If your case goes to trial, be prepared to testify on your own behalf. Your attorney will help you prepare for trial and answer any questions you may have.
Drug possession is a serious crime, but with the help of an experienced criminal defense attorney, you can build a strong defense and fight the charges against you.
Criminal Unlawful Possession of a Controlled Substance in Illinois and defenses.
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unusual Traffic and vehicle offenses in illinois
In Illinois, some unusual traffic and vehicle offenses include:
- Leaving the scene of an accident: It is a crime to flee the scene of an accident in which someone is injured or killed, or in which there is significant property damage.
- Reckless driving: This is a criminal offense in Illinois, and can include behaviors such as excessive speeding, weaving in and out of traffic, or tailgating.
- Aggravated reckless driving: This is a more severe form of reckless driving and can result from behaviors such as racing on a highway or causing bodily harm to another person while driving recklessly.
- Driving under the influence of drugs or alcohol (DUI): Illinois law prohibits operating a vehicle while under the influence of alcohol or drugs, and penalties can include fines, jail time, and license suspension or revocation.
- Operating an uninsured vehicle: It is illegal to drive a vehicle on Illinois roads without valid insurance. Penalties may include fines, license suspension or revocation, and community service.
- Transporting open alcohol: It is illegal to have open containers of alcohol in a vehicle while it is being operated.
Please keep in mind that this is not an exhaustive list and you should always check the Illinois’s Vehicle Code for the most up-to-date information.
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Lake County police departments looking to add body cameras
It’s not unusual for police officers to be filmed by people with cellphones during a traffic stop nowadays, but police throughout Lake County may be wearing body cameras to monitor interactions as soon as this fall in Round Lake Park, and other departments are not far behind.
From Round Lake Park to Round Lake and Mundelien to the Lake County Sheriff’s Office, municipalities and their police departments are moving ahead with body cameras.
“This is definitely the wave of the future and something that’s needed,” Lake County State’s Attorney Michael Nerheim said. “Body cameras are a type of evidence and the more evidence we have in any case the better.”
Gov. Bruce Rauner last week signed legislation that lays out the rules for police body cameras in Illinois, making it only the third state in the country to establish such rules, according to an Associated Press analysis. While it does not mandate body cameras, although there was legislation floated that would have done just that, it does specify how they will be worn, when they have to be turned on and how long the recordings must be kept as evidence.
It also established a grant program funded by a $5 addition to traffic tickets to help police departments buy the body cameras.
“They are going to be involved in every case, even misdemeanors,” Nerheim said. “You’re going to see footage on every single case.”
Nerheim said his office is working with the more than 40 police departments in Lake County on uniformity. If each department operated on a different system, that could pose a problem for his office, which would handle the recordings in court.
“It’s important we are part of the process,” he said.
Round Lake Park Police Chief George Filenko said if everything goes as planned his department will be ready to roll out the body cameras by mid September.
“It’s logical we’re doing this,” he said, “We decided this was the way to go.”
The village has purchased 6 4RE in-car systems with panoramic HD cameras and 13 VISTA HD body-worn cameras that have adjustable lenses so officers can adjust them according to their height. The total cost was approximately $57,000, which also includes a server and needed software.
For Patrol Officer Donna O’Brien, the body camera, which uses industrial strength magnets to hold it in place, is a good thing.
“I prefer them,” she said, “It’s good to have one more form of evidence to back up the truth.”
“I also think it’s good tool for training. I can review how I walked up to a vehicle during a traffic stop or person and see how I might of done it differently,” or see something that may have put her in danger, but she didn’t realize it at the time, she said.
“It will keep me on my toes, but I always act professionally,” she said.
Filenko said the response of his officers has not been “why do we need them,” but “when are we getting them.”
“In my opinion this is going to become standard, it may even be mandatory eventually,” he said. He knew two years ago they were going to need new squad car videos and he thought of incorporating the body cameras with that new system.
“It’s still not going to replace the human eye,” he said, but in the worse-case scenario, an officer involved shooting, “the more video the better,” said Filenko, who is in charge of the Major Crime Task Force that is called in to investigate those shootings.
Round Lake Police Chief Michael Gillette said his mayor and trustees wanted to get ahead of the curve and be pro-active. “I’m proud of the board and the mayor for letting us do that,” he said of their purchase of 15 FirstVu HD cameras from Kansas-based Digital Ally, at a cost of $13,800.
“We feel it’s a good tool for the officers to put together a solid case,” he said, “and of course it would be used in allegations of misconduct. I think they are really good tools.”
Bigger departments have bigger problems with figuring out the financing, but the Waukegan Police Department is “aggressively” researching different models, according to Cmdr. Joe Florip.
“We need to see what will work best (for the 80 patrol officers and 20 patrol cars). We’re excited as an organization to get body cameras. We think it’s best for our community and the police department,” he said.
“It’s priceless when it comes to a citizen complaint. There’s nothing like pulling up a video,” he said, noting that sometimes they can do that now from dash cameras and sometimes residents see their actions in a different light.
The Lake County Chiefs Association, headed by Highland Park Chief Paul Schafer, said they are getting more inquiries from other chiefs about body cameras. There still needs to be a lot of policy work, such as how to handle Freedom of Information requests, obscuring juvenile or witness faces from the video and other issues and having the personnel able to do that.
“There’s a lot of implementation with this new technology that the chiefs are taking a look at,” he said. They plan to have it on their agenda for the September meeting.
Other departments like Round Lake Beach are just starting to look into it, partly because of the funding mechanism included in the bill the governor recently signed. For some departments it would be hard to afford and they want to make sure they get the right equipment.
“We want it done right the first time,” said Police Chief Dave Hare. But he believes they will benefit police and the community.
“Transparency is a good thing for the community and body camera play into that,” he said
Illinois Supreme Court released 4 criminal law cases for March 2016.
Here are the top 13 criminal law cases from the Illinois court system for March 2016. The first 4 are from the Illinois Supreme Court. Number 4 was a victory for the defense at the lower level and the Illinois Supreme Court had something to say about that.
- People v. Burns
The “no-nights visits” rule is affirmed, can’t bring the sniffer dog to your front step for a little sniff action. - People v. Bradford
Prosecution no longer allowed to overcharge an ordinary retail theft to a burglary. - People v. Clark
Aggravated vehicular hijacking and armed robbery without a firearm are not lesser-included offenses of aggravated vehicular hijacking and armed robbery with a firearm. - People v. Timmsen
Apparently, the police can stop you for trying to legally avoid a roadblock. - People v. Abram
Officers approach defendant who was sitting in his car he then, to say the least, ensues in outright flight. - People v. Smith
This trial judge was overruled; there is nothing unconstitutional about requesting citizen’s to roll up their sleeves. - People v. Thompson
Some of the State’s remarks relied on questionable advocacy, but did not rise to the level of clear and obvious error. - People v. Meuris
In a leaving the scene of an accident prosecution the State must not only prove that Defendant knew he was involved in an accident but also that another person was involved. - People v. Weinke
Reviewing court says ASA exaggerated the severity of victim’s condition and misled the court as to the source and timing of her information in order to pressure the court into granting a quickie deposition. - People v. Tayborn
Trial counsel was ineffective for not challenging defendant’s confession given without Miranda warnings. - People v. Little
Cigarette break is not a sufficient amount of time to remove the taint of the original Miranda violation. - People v. Gray
These drug officers were themselves charged with distributing narcotics and Defendant was not told about the investigation before he plead guilty to his own drug charges. - People v. Fulton
In a charge of armed habitual criminal the same conviction can be used as one of the predicate offenses as well the predicate to the UUW Felony conviction that may be being used.